Data Set Deliverability Clause Samples

Data Set Deliverability. Email may sometimes not be deliverable for a number of reasons such as the users account being disabled, their mailbox being full or does not exist, or, an anti- spam policy or computer firewall. The Licensor makes a reasonable effort to minimise non deliverability which is a normal issue in a rapidly changing communications channel. An email Data Set may experience some Bounced data. Bounced data is a rejected delivery and in particular is considered as such when it is found that the domain does not exist and an error is returned by the sending or receiving server which is termed as a Hard Bounce. The Licensor guarantees a Hard Bounce Rate not exceeding 10% and provides additional data with the initial Contract to ensure the agreed Recipient delivery is achieved. If, in despite of this additional data, the net delivery is below the Data Set volume agreed in the Contract, and can be evidenced by the email broadcast report, then the Licensor will supply, at its sole discretion, Top Up Data to replace the Hard Bounced data. This is solely on the basis that the Licensee has fully paid the original invoice for the Data Set and also provided tangible evidence by supplying a broadcast log/report of the Hard Bounced data. A postal Data Set may experience a number of Gone-aways. A Gone-away is considered as such when an envelope is returned, via the postal system, marked as such. The Licensor guarantees a Gone away level not exceeding 10% and provides additional data with the initial Contract to ensure the agreed Recipient delivery is achieved. If, in despite of this additional data, the net Recipient delivery is below the Data Set volume agreed in the Contract, and can be evidenced by the mailing report and return envelopes, then the Licensor will supply, at its sole discretion, Top Up Data to replace the Gone away data. This is solely on the basis that the Licensee has fully paid the original invoice for the Data Set and provided evidence, by supplying return envelopes or evidenced records, of the Gone-aways. Such Data Set shortages in relation to Gone-aways and Hard Bounced Data must be notified to the Licensor in writing within 30 days after which time the Licensee is deemed to have accepted the Data Set. Where there are insufficient additional Top Up Data records to meet the original Contract License the Licensor, at its sole discretion and only if the Licensee invoice for the data Set is fully paid, will consider a credit note to the Licensee which must be u...

Related to Data Set Deliverability

  • Notice of Completion; Copy of Record Set of Plans Within fifteen (15) days after completion of construction of the Improvements, Tenant shall cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Building is located in accordance with Section 8182 of the Civil Code of the State of California or any successor statute, and shall furnish a copy thereof to Landlord upon such recordation. If Tenant fails to do so, Landlord may execute and file the same as Tenant’s agent for such purpose, at Tenant’s sole cost and expense. At the conclusion of construction, (i) Tenant shall cause the Architect and Contractor (A) to update the Approved Working Drawings as necessary to reflect all changes made to the Approved Working Drawings during the course of construction, (B) to certify to the best of their knowledge that the “record-set” of as-built drawings are true and correct, which certification shall survive the expiration or termination of this Lease, and (C) to deliver to Landlord two (2) sets of copies of such record set of drawings within ninety (90) days following issuance of a certificate of occupancy for the Premises, and (ii) Tenant shall deliver to Landlord a copy of all warranties, guaranties, and operating manuals and information relating to the improvements, equipment, and systems in the Premises.

  • General Conditions Applicable to Option to Build If the Interconnection Customer assumes responsibility for the design, procurement and construction of the Participating TO's Interconnection Facilities and Stand Alone Network Upgrades, (1) the Interconnection Customer shall engineer, procure equipment, and construct the Participating TO's Interconnection Facilities and Stand Alone Network Upgrades (or portions thereof) using Good Utility Practice and using standards and specifications provided in advance by the Participating TO; (2) The Interconnection Customer’s engineering, procurement and construction of the Participating TO's Interconnection Facilities and Stand Alone Network Upgrades shall comply with all requirements of law to which the Participating TO would be subject in the engineering, procurement or construction of the Participating TO's Interconnection Facilities and Stand Alone Network Upgrades; (3) the Participating TO shall review, and the Interconnection Customer shall obtain the Participating TO’s approval of, the engineering design, equipment acceptance tests, and the construction of the Participating TO's Interconnection Facilities and Stand Alone Network Upgrades, which approval shall not be unreasonably withheld, and the CAISO may, at its option, review the engineering design, equipment acceptance tests, and the construction of the Participating TO's Interconnection Facilities and Stand Alone Network Upgrades; (4) prior to commencement of construction, the Interconnection Customer shall provide to the Participating TO, with a copy to the CAISO for informational purposes, a schedule for construction of the Participating TO's Interconnection Facilities and Stand Alone Network Upgrades, and shall promptly respond to requests for information from the Participating TO; (5) at any time during construction, the Participating TO shall have the right to gain unrestricted access to the Participating TO's Interconnection Facilities and Stand Alone Network Upgrades and to conduct inspections of the same; (6) at any time during construction, should any phase of the engineering, equipment procurement, or construction of the Participating TO's Interconnection Facilities and Stand Alone Network Upgrades not meet the standards and specifications provided by the Participating TO, the Interconnection Customer shall be obligated to remedy deficiencies in that portion of the Participating TO's Interconnection Facilities and Stand Alone Network Upgrades; (7) the Interconnection Customer shall indemnify the CAISO and Participating TO for claims arising from the Interconnection Customer's construction of the Participating TO's Interconnection Facilities and Stand Alone Network Upgrades under the terms and procedures applicable to Article 18.1

  • Notification of address and fax number Promptly upon receipt of notification of an address and fax number or change of address or fax number pursuant to Clause 31.2 (Addresses) or changing its own address or fax number, the Agent shall notify the other Parties.

  • Auction Schedule; Method of Submission of Orders (a) The Funds and the Auction Agent shall conduct Auctions for each series of Preferred Shares in accordance with the schedule set forth below. Such schedule may be changed at any time by the Auction Agent with the consent of the Fund, which consent shall not be withheld unreasonably. The Auction Agent shall give notice of any such change to BD. Such notice shall be received prior to the first Auction Date on which any such change shall be effective. Time Event ---- ----- By 9:30 A.M. Auction Agent advises the Funds and the Broker-Dealers of the Maximum Rate as set forth in Section 3.2(a) hereof.

  • Specific Provisions for Access Rights to Software For the avoidance of doubt, the general provisions for Access Rights provided for in this Section 9 are applicable also to Software. Parties’ Access Rights to Software do not include any right to receive source code or object code ported to a certain hardware platform or any right to receive respective Software documentation in any particular form or detail, but only as available from the Party granting the Access Rights.